The New 2015 European Inheritance Rules

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European Inheritance Rules

Action should be taken now to benefit from the new 2015 European Inheritance Rules. According to The European Commission some 450,000 cross-border successions occur in the EU each year, estimated to be worth in excess of €120 billion. As it stands, many countries in the EU, including Italy, have laws governing ‘forced heirships’ along with different opinions as to whether inheritance is dealt with under local law, or the law of the nationality of the deceased. To somewhat solve this confusion and prevent disputes, effective August 17th 2015 new rules will allow individuals across participating EU member states to choose which country jurisdiction will apply to the devolution of estates. Read more

Italian and EU International Divorces

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Italian and EU Divorce Law

Across much of the European Union, marriages between couples of different nationalities, are on the rise. In addition, the number of married couples living as expats in another EU country is increasing. Unfortunately, this means that international separations and divorces are becoming more common.

Obviously, people don’t enter into married life thinking about where the best location for a divorce would be; married couples are unlikely to be interested in thinking about this while they remain happy together, and couples may not be able to agree on the appropriate jurisdiction if they are about to be or are already separated. However, where couples choose to divorce can have a major impact on both parties’ financial health, so getting it right is crucial. Read more

Usucapion

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Usucapion

‘Limitation of actions’

Usucapion (usucapione) is a legal procedure which can give you ownership of a property in Italy without need of any specific title such as a deed of purchase or a Will and without any agreement with the owner of the property. Usucapione pictures one legal situation which is connected with possession of a property which must be without violence. This possession must take place, with public knowledge. After a number of years which can be 10 or 20 depending on the circumstances, you can obtain the legal title and become the legal owner of this property; this happens even if you aware the owner of the property is someone else.Usucapion

You become owner of a property belonging to someone else if you possess the asset i.e. you make use of it somehow for a period of time and if you behave, during this time, as if you were the owner of this property.

On the other hand, the true owner should have behaved by not showing any interest in this property, letting the property be implicitly used by another party; typically someone moving abroad, not taking care of this property and neglecting it.

What is the purpose of this? Usucapion has the legal purpose of giving certainty to legal relationships giving a privilege to someone not being the owner, who nevertheless takes care of it. In relation to the owner not taking care of it and neglecting it completely.

20 years for real estate assets, acquired in bad faith. This starts from the moment of possession. While this becomes 10 years if you obtain possession in good faith. This period of time must be continuous with no interruptions, in order to convert this factual condition (possession) into ownership it is necessary to obtain a court decision to declare that usucapione occurred. It is a ‘factual’ condition and must be recognized in court. You can give evidence in any way but this typically takes place through witnesses. The peaceful possession taking place throughout time without interruptions can give title of ownership of a property. However it is necessary to obtain a court decision declaring usucapione is taking place.

Therefore if you own property in Italy which you have neglected for sometime it is advisable to consult an attorney to prevent the risks connected with usucapione.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not formal legal advice. This firm accepts no liability or any responsibility for any statement made.

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What is a certificate of occupancy?

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Certificate of occupancy in transactions of properties in Italy

The Certificate of Occupancy (also called Certificate of Habitability) certifies the suitability of a residential property as being fit for human habitation.

It is issued by the competent municipal offices following verification that the building and its systems comply with health, safety and structural stability regulations. According to law, prior to issuing the certificate of occupancy, the competent authorities should also verify that the building complies with planning permission.

The case law of the Supreme Court is unanimous in stating that in real estate transactions the certificate of habitability is one of the documents that the vendor must deliver to the buyer before completion. As a matter of fact the buyer has the full right to verify that the property is suitable to satisfy his legitimate interest, that is the usability and marketability of the property. The above mentioned certificate can be considered an essential requirement of the building because it has direct effects on the legal use of the property as stipulated in the contract.

Unless otherwise stipulated in contractual agreements, the responsibility to provide the certificate of habitability belongs to the vendor. In case of delay or failure to deliver a certificate of habitability, there is a clear case of non execution of a contractual obligation (breach of contract). A recent decision by the Supreme Court states that, “The vendor of a property intended for residential use has a duty to deliver to the buyer the certificate of habitability without which the property is unmarketable”. (Cass. 23 of January 2009, n. 1701).

In case of absence of certificate of habitability the property can nevertheless be transferred with a notarial deed of sale but only with the buyer’s express, written consent. Verifying the existence of the certificate of habitability before completion of the purchase of a property should certainly be part of the legal due diligence.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not formal legal advice. This firm accepts no liability or any responsibility for any statement made.

Contact us today. We can help.

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Italian real estate attorneys and Italian inheritance attorneys

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